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By completing the registration process and clicking "I accept", you are indicating your agreement to be bound by the Terms of Service, Acceptable Use Policy, Privacy Policy and any other agreements or policies found within or referenced by the agreement below. You further verify that you are not under the age of 13 as WFN adheres to the Children's Online Privacy Protection Act of 1998. Persons under the age of 13 may NOT sign up for the Services at this time. Please read the agreement and policies carefully as it sets forth your rights and obligations with respect to use of World Fan Network services. If you are NOT willing to be bound by this agreement and associated policies, you should click "I don't accept" and NOT use the Services.

Terms of Service

  • ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
    World Fan Network Services ("Services"), owned and operated by Vertical Innovation DBA WorldFanNetwork.com ("WFN"), are provided to you ("User") under the terms and conditions of these Terms of Service ("TOS") and any operating rules or policies that may be published by WFN. The TOS comprise the entire agreement between User and Client, and supersede all prior agreements between the parties regarding the subject matter contained herein.
  • DESCRIPTION OF THE SERVICES
    WFN agrees to provide User with a Web-based mailbox to send and receive electronic mail ("email"), along with an address book for storing contact information. WFN may also choose to offer other services such as chat, forums, mailing lists, calendar, greeting card, Web hosting, or Web-based SMS. User must: (a) provide all equipment, including a computer and modem, necessary to establish a connection to the Web; (b) provide for User's own access to the Web; and (c) pay any telephone or other connection and service fees associated with such access. All Services are offered on an "As Is" basis.
  • FEES
    Some Services available through or in connection with WFN require you purchase a subscription or pay a fee. You hereby authorize WFN to charge your credit card account in advance for all applicable fees incurred by you or on your behalf in connection with your use of the WFN Services. You shall be solely responsible for all charges, fees, duties, taxes, and assessments arising out of your use of WFN Services. WFN reserves the right to modify the fees charged for WFN Services from time to time, provided that such modifications shall not take effect earlier than thirty (30) days after WFN posts such modifications on the WFN Services web site. Amounts not paid by you to WFN when due, may bear interest at the lesser of (a) one and one-half percent (1.5%) per month, and (b) the maximum rate permitted by applicable law. It is your responsibility to notify WFN if your credit card has expired and to make changes or your service may be disconnected or interrupted.
  • SUBSCRIPTION
    The Services, which may require an annual subscription, will be automatically renewed at the end of the subscription period for one more period. All Services are billed in advance.; If a User wishes to cancel the Service for the next period, the User must inform WFN by written notice at least thirty (30) days before the end of the current subscription period. Written notice must be sent via email to support@worldfannetwork.com. If WFN does not receive a written cancellation notice from User at least thirty (30) days before the end of subscription period, WFN will automatically renew subscription service for one more period and WFN will charge subscriber's credit card for all applicable fees incurred by User or on behalf of User in connection with User's use of the Services.
  • REFUND POLICY
    If a User would like to switch from a pay option of the Service to a free option of the Service, the User's pay service will continue until the subscription period expires, at which time the subscriber will be automatically switched to the free option of the Service, providing that a free option of the Service is available. In some cases, User may be required to change email names to a name that is offered through the free email name service. Requests must be in writing and directed to support@worldfannetwork.com.

    If a User would like to switch from a pay option to another pay option of the Service, we will give a credit for the unused time of the first service and we will transfer this credit to the new service. User will be required to pay the outstanding balance, if any, prior to using the new service. Requests must be in writing and directed to support@worldfannetwork.com.

    Due to the nature of the Service s provided to User, if a User cancels a paid Service prior to the end of the subscription period, WFN will not refund any amount to the User. However, WFN will make the paid Service available to User until the end of the subscription term.

    If a User violates the Terms and Conditions, Acceptable User Policy, or any other legal agreement between User and WFN (either for the paid or free Services), the User's account will be terminated and User will not be entitled to any type of refund or credit.
  • TERMINATION, CANCELLATION, or SUSPENSION
    WFN may, in its discretion, immediately terminate, cancel, or suspend an accepted order if WFN has a reason to believe that any account information or payment information provided to WFN is untrue, inaccurate, not current or incomplete. Termination, cancellation or suspension, whether by User or WFN, will not alter your obligation to pay all charges made to your account before such termination, cancellation or suspension (including charges made after termination by User but before WFN could reasonably act on your termination notice). In case of termination, cancellation or suspension of your account WFN will not refund the User with any amount and User shall lose all rights associated with the Services, including their email user name or data stored in the email account.

    Should User object to any terms and conditions of any WFN agreement or policy or become dissatisfied with the Services in any way, User's only recourse is to immediately:
    (i) discontinue the use of all Services; and
    (ii) terminate the Services subscription.
  • ADVERTISING
    As a component of the Services, WFN may serve advertisements or work with a third party to serve the advertisements. Advertisements placed on the WFN site may include but are not limited to banner ads, paid links, pop-up windows, buttons, and sponsorships.

    User agrees that WFN has the right to run such advertisements and promotions. Your correspondence or business dealing with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other representations associated with such dealings, are solely between you and such advertiser. You agree that WFN shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.

    WFN and its suppliers have some of the most privacy-safe technologies and policies on the Internet. We can deliver targeted advertising to your browser -- offers and opportunities of interest to you -- without ever knowing your identity.
  • EMAIL MARKETING
    WFN and/or third parties may, from time to time, send email messages or electronic newsletters to Users containing advertisements, special promotions, and other marketing materials ("Email Marketing Programs") based on the agreed terms between WFN and its selected partner(s). By using our Services, you have "opted-in" to our Email Marketing Programs. WFN has the right to partner with any email marketers to provide these Email Marketing Programs or Opt-In Email Programs.
  • PRIVACY POLICY
    In consideration for the Services, User agrees to: (a) provide certain current, complete, and accurate information about User as prompted to do so by the Services and (b) maintain and update this information as required to keep it current, complete and accurate. All information requested on original sign-up shall be referred to as registration information ("Registration Information"). This Registration Information will be owned by WFN and any of its partners if applicable. If any information provided by User is inaccurate, WFN retains the right to terminate User's membership and rights to use the Services. For a complete Privacy Policy Statement, please refer to the Privacy Policy at http://www.worldfannetwork.com/privacypolicy.
  • MODIFICATIONS TO TERMS OF SERVICE
    WFN reserves the right to modify the terms and conditions of the TOS, or any other agreement or policy, at any time and at its sole discretion. WFN will post any updates to the TOS or any other agreement or policy on this website. By continuing to use the Services, User agrees to be bound by the amended agreements or policies.
  • MODIFICATIONS TO THE SERVICES
    WFN reserves the right to modify or discontinue the Services, or any portion thereof, at any time, with or without notice to User. WFN shall not be liable to User or any third party should WFN exercise its right to modify or discontinue the Services.
  • USER ACCOUNT, PASSWORD, AND SECURITY
    User is entirely responsible for maintaining the confidentiality of User's password and account, and for any and all activities which occur under User's account or password. User agrees to immediately notify WFN of any unauthorized use of User's account, password, or any other breach of security known to User. User may change his/her password or profile by following instructions on the system.
  • DISCLAIMER OF WARRANTIES
    WFN PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND USER USES SUCH SERVICES SOLELY AT HIS/HER OWN RISK. WFN MAKES NO WARRANTY THAT THE SERVICES WILL MEET USER'S REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES WFN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. WFN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT USER'S OWN DISCRETION AND RISK. WFN IS NOT RESPONSIBLE FOR USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WFN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM WFN SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO USER.
  • LIMITATION OF LIABILITY
    WFN will not be liable for any loss of any kind, including loss of use, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including but not limited to lost profits) regardless of the form of action, whether in contract, tort (including negligence), strict product liability, or otherwise, even if WFN has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to User.
  • DATA STORAGE AND OTHER LIMITATIONS
    WFN has set no fixed upper limit on the number of messages a User may send or receive through the services. However, WFN retains the right, at its sole discretion, to determine whether or not User's conduct is consistent with the letter and spirit of the TOS and may terminate services if WFN determines at its sole discretion that User's conduct is inconsistent with the TOS. WFN ASSUMES NO RESPONSIBILITY FOR THE DELETION OF OR FAILURE TO STORE, DELIVER, OR DELIVER IN A TIMELY MANNER EMAIL MESSAGES.
  • USER CONDUCT
    User understands that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that User, and not WFN, is entirely responsible for all Content that User uploads, posts or otherwise transmits via the Service. WFN does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. User understands that by using the Services, User may be exposed to Content that is offensive, indecent or objectionable.
    User agrees not to use the Services to:
    • upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
    • harm minors in any way;
    • impersonate any person or entity, including, but not limited to, an WFN official, forum leader, guide or host, or falsely state or otherwise misrepresent User's affiliation with a person or entity;
    • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
    • upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    • upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    • upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas of the Service that may be designated for such purpose;
    • upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    • disrupt the normal flow of dialogue, cause a screen to scroll faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;
    • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
    • intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
    • "stalk" or otherwise harass another;
    • collect or store personal data about other Users; or
    • promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites.
  • INDEMNIFICATION
    User agrees to indemnify, defend (at WFN's request), and hold WFN, its parents, subsidiaries, affiliates, officers, accountants, vendors, suppliers, consultants, attorneys, associates and employees, harmless from any claim or demand, including reasonable attorneys' fees, made or brought by any third party due to or arising out of User's use of the Services or any part thereof, the violation of this TOS or any provision therein by User, or the infringement or misappropriation by User, or a third party using User's computer, account or password to access and/or use the Services, of any Intellectual Property Rights of any person or entity, or the use or misuse by the User or third parties of User's passwords or accounts.
  • PROPRIETARY RIGHTS TO CONTENT
    User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements, or Internet-distributed, commercially produced information presented to User by the Services ("Protected Content") by WFN, WFN's advertisers, or other Users may be protected by copyrights, trademarks, patents or other proprietary rights and laws; therefore, User is only permitted to use this Protected Content as expressly authorized by the owner of the Protected Content ("Owner"), the Services or the advertiser. User may not copy, reproduce, distribute, or create derivative works from this Protected Content without expressly being authorized to do so by the Owner, the Services or the advertiser.
  • MISCELLANEOUS
    Governing Law - This agreement shall be governed by and construed in accordance with the laws of the State of California applicable to agreements executed and performed wholly within the State of California.

    Assigns - This agreement shall be binding upon and inure to the benefit of any WFN successor companies or assigns.

    Headings - The headings in this agreement are for convenience only and shall not affect the meaning or interpretation of this TOS and associated agreements or policies.

    Statute of Limitations - User and WFN agree that any cause of action arising out of or related to these Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

    Severability - If any provision hereof shall at any time be held to be void, invalid, or unenforceable, such provision shall be construed as severable and shall not in any way affect or render void, invalid, or unenforceable any other provision of this TOS, and this TOS shall be carried out as if such void, invalid or unenforceable provision were not part of this TOS.

    Wavier - Any wavier (express or implied) by either party of any breach of this TOS shall not constitute a wavier of any other or subsequent breach. No provision of the TOS will be waived by any act, omission or knowledge of a party or its agents or employees except by an instrument in writing expressly waiving such provision and signed by a duly authorized officer of the waiving party.

    No Agency - Neither party is, nor will it be deemed to be, an agent or legal representative of the other party for any purpose. Neither party will be entitled to enter into any contracts in the name of or on behalf of the other party, and neither party will be entitled to pledge the credit of the other party in any way or hold itself out as having authority to do so.
  • REPORTING A VIOLATION
    To report a violation of this user agreement, please send a message to abuse@worldfannetwork.com. If you are reporting an unsolicited commercial email ("spam") message, please make sure to include the full headers.
  • ACCEPTANCE OF AGREEMENT
    Use of the Services signifies acceptance of all WFN agreements and policies contained here within.

    V1.1, December 2007